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I am just trying to find out if divorcing automatically revoked the POA since it states until my ex husbands death. This is in Tx and we were married for 27 years.
Since a marriage license and POA are two sole, separate legal documents, I am going to say that the POA is still valid unless; you choose not to accept to be POA or there is a POA with a more current date then the one that names you.
Please know that you are NOT required to act as his POA. If you do choose to be his POA I would encourage you to look up the state statutes that govern POAs, once you act on his behalf you become a legal fiduciary and you are governed by the laws that hold you accountable for acting in his best interest, in a manner that he would have if he was of sound mind.
You need a lawyer. One reason because its so oldbit may need updating. Divorce does not revoke POA. If husband is of sound mind, he can revoke yours and assign someone else. You can revoke it yourself if you do not want the responsibility of making decisions for him or handling his finances. POA does not make you obligated to care for him or be at his beck and call. Just handle his finances and medical when he can no longer speak for himself.
If he marries she becomes next of kin. If he were then to become demented I think you would have a very difficult time beating out the wife for being in charge of anything here. The wife would simply go to Social Workers, say that he forgot about the POA and wife is now ex wife and SHE is the wife. They would get her emergency guardianship almost certainly.
Responding to your reply to me. If I were you, I would get a lawyer to revoke that POA. I would want nothing to do with an ex. I know your trying to protect your children but he is not thinking about them. He can do whatever he wants with his money. I would think ur kids are adults and as such he probably thinks they are on their own now.
Your updates indicate that your ex hubby HAD wanted his property to go to YOUR son. Is that the son of BOTH of you, or only YOUR son. You are talking about using a POA. You do know you cannot use it unless your ex husband is declared incompetent legally, right? You can do NOTHING as long as he is competent.
He can marry whomever he wants. He can change his POA whenever he wants, and any new wife can almost certainly get guardianship, should anything happen to him, as she is next of kin. He can change the property designations any way he wishes to. Were husband to be demented the new wife would simply go to court and say he forgot his old wife still the POA. Any court would give the new missus the Guardianship or conservatorship. And that trumps the POA.
You divorced this man. It is over. He is in love with someone else. If his children wish to open a case, if they can prove abuse or fraud, THEY are the ones with the most standing to protest this. But if your ex husband is competent legally under the law you need to step away from all of this. Your marriage is over and with it went all of the control over husband's money other than money you received as marriage settlement.
If this woman is nefarious as you think she is then she almost CERTAINly has already changed all documents in her favor.
If you wish to explore this in the depth to which possible under the law do see an attorney now to do so. If you wish to do that with his children, you may. But I think it is very likely you have any standing to intervene in any way. You could do so only if husband is DEMENTED under the law, in danger now. And that means you go to get diagnosis, legal documents, and get your POA solid and WORKING to handle all of his assets, and care. That wouldn't even work if the children went against you and wanted guardianship.
Good luck. This is somewhat a mess. I hope you can untangle for the protection of all.
You are being very suspicious, Alva. I think she's trying to find out if she has any obligation or responsibility if he has not updated it, especially since he is about to remarry. I believe the answer is no, she has no obligation to honor the POA in the future, no one is going to chase after her to help him in the future if something happens. The POA gives a person the power to act on their behalf, but if he has more immediate next-of-kin (no longer her), she is not responsible for him in any way. I don't think she would be responsible, regardless. Not sure anyone would even know about this document unless she came forward with it at the time.
So sorry, yes you asked a simple question and assumptions were made. This happens on forums. So the answer is no, POA does not get revoked when you get divorced. And yes, your right, just let it go for now. If this woman is after his money, then she will make sure she has POA too.
I understand what you are saying, but if son's grandparents wanted son to inherit the property they should have stipulated that in their Wills or added a codicil. Even put it in trust for him. His Dad is under no obligation to carry out his parents wishes. For us, our grands are not even mentioned in our Wills. The estate gets split between our girls. If they want grands to have anything, thats up to them.
i can assure you I’m not trying to withhold information. I was simply asking a question without telling a life story as you can only imagine all the details. I believe my ex husband has forgotten about the POA. He is engaged and I have heard stories through my 3 adult children that the woman he’s engaged to does not have good intentions. My ex husband makes a lot of money and has inherited property. Although we didn’t end well I do not wish anyone take his property. His parents actually wanted the property to go to my son because it has been in the family for over 50 years. Now his finance wants him to sell the land and home to invest in a beach house. Unfortunately his parents didn’t follow their instincts and feed the place to my son as they mentioned doing, but my ex husband promised he would never sell the place. Anyway there’s nothing that can be done about that now. My main reason for asking my question in the first place was, should anything happen to my ex husband would I be able to use the POA since it was never revoked (it’s from 2002) and filed at the courthouse and notarized. It doesn’t state “ until husbands death” sorry you misunderstood that. It says until my death I was just saying in general. Also if he marries does it void the POA?
Just read your update. Your POA will not keep husband from doing what he wants if he is competent to do so. He has to be declared incompetent to make informed decisions for your POA to be effective. Really, him remarrying again, he may want new wife to have POA. Really nothing you or your kids can do at this point.
Yeah I didn’t assume there was anything we can do about it. He has cut his 2 youngest children out of his life for his new family. It has left my youngest daughter heartbroken but as you said nothing you can do about it!! Life’s pretty tough huh?!
A PoA must be revoked or resigned. You should resign it. No one can be forced to be a PoA against their will. He should not have a PoA who is the same age as he is. He needs someone one or two generations younger.
A lot depends on how the POA document is written. It is possible that the POA was written to go into effect at the time that he signed it rather than waiting until he’s deemed incompetent by doctors. I have personal knowledge of this.
Definitely check with an attorney but divorce does not automatically revoke a POA as far as I know. I don't believe this varies by state. Because who would be the new POA? Or would no one be, that wouldn't make any sense. Just as it does not revoke beneficiary designations.
The only reason we got it was because he worked out of the country a lot back then and I needed to be able to sign documents for him. He’s of sound mind and Ofcorse doesn’t need it in place, but it can’t hurt anything to just leave it alone.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Please know that you are NOT required to act as his POA. If you do choose to be his POA I would encourage you to look up the state statutes that govern POAs, once you act on his behalf you become a legal fiduciary and you are governed by the laws that hold you accountable for acting in his best interest, in a manner that he would have if he was of sound mind.
Good luck with this.
You are talking about using a POA.
You do know you cannot use it unless your ex husband is declared incompetent legally, right?
You can do NOTHING as long as he is competent.
He can marry whomever he wants.
He can change his POA whenever he wants, and any new wife can almost certainly get guardianship, should anything happen to him, as she is next of kin. He can change the property designations any way he wishes to.
Were husband to be demented the new wife would simply go to court and say he forgot his old wife still the POA. Any court would give the new missus the Guardianship or conservatorship. And that trumps the POA.
You divorced this man.
It is over.
He is in love with someone else.
If his children wish to open a case, if they can prove abuse or fraud, THEY are the ones with the most standing to protest this.
But if your ex husband is competent legally under the law you need to step away from all of this. Your marriage is over and with it went all of the control over husband's money other than money you received as marriage settlement.
If this woman is nefarious as you think she is then she almost CERTAINly has already changed all documents in her favor.
If you wish to explore this in the depth to which possible under the law do see an attorney now to do so. If you wish to do that with his children, you may.
But I think it is very likely you have any standing to intervene in any way.
You could do so only if husband is DEMENTED under the law, in danger now. And that means you go to get diagnosis, legal documents, and get your POA solid and WORKING to handle all of his assets, and care.
That wouldn't even work if the children went against you and wanted guardianship.
Good luck. This is somewhat a mess. I hope you can untangle for the protection of all.
I understand what you are saying, but if son's grandparents wanted son to inherit the property they should have stipulated that in their Wills or added a codicil. Even put it in trust for him. His Dad is under no obligation to carry out his parents wishes. For us, our grands are not even mentioned in our Wills. The estate gets split between our girls. If they want grands to have anything, thats up to them.